Marin

Mel M. Marin appeals an order enjoining him from contacting any Scripps Health employee or coming within 500 yards of a Scripps Health facility or institution. (Code Civ. Proc., § 527.8.) He challenges the issuance of the injunction on various grounds; however, we need only address his meritorious assertion the injunction violated public policy by being imposed under factual circumstances which did not establish a threat of future harm to the employees of Scripps Health. As we shall explain, in enacting section 527.8 the Legislature did not intend to alter the underlying nature and purpose of a prohibitory injunction and when such relief is accorded. Thus, to obtain a permanent injunction under section 527.8, subdivision (f), plaintiff must establish not only that defendant engaged in unlawful violence or made a credible threat of violence, but also that great or irreparable harm would result to an employee without issuance of the prohibitory injunction. Because the record lacks any evidence that Marin posed a threat of future harm to any Scripps Health employee, we accordingly reverse the order.

Factual and Procedural Background

In 1997, Marin’s mother, Eva Marinkovic,…